Human Services, Recovery Services

Rule R527-35

Non IV-A Fee Schedule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35729
Filed: 01/26/2012 09:09:40 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the date of an incorporated Code of Federal Regulation (CFR) citation.

Summary of the rule or change:

The change updates the date of an incorporated CFR citation from "45 CFR 302.33 (2008)" to "45 CFR 302.33 (2010)".

State statutory or constitutional authorization for this rule:

• Section 62A-11-107
• 45 CFR 302.33

This rule or change incorporates by reference the following material:

• Updates Services to individuals not receiving title IV-A or title IV-E foster care assistance., published by Office of Management and Budget , October 2010

Anticipated cost or savings to:

the state budget:

There are no anticipated costs to the state budget because the change to the rule is only to update the CFR citation.

local governments:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

There are no anticipated costs for small businesses because the change to the rule is only to update the CFR citation.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs for persons because the change to the rule is only to update the CFR citation.

Compliance costs for affected persons:

There are no costs as the change to the rule is only to update the CFR citation.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact to businesses as the change to the rule is only to update the date of the CFR citation from 2001 to 2010.

Palmer Depaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at lwilber@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/16/2012

This rule may become effective on:

03/23/2012

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-35. Non-IV-A Fee Schedule.

R527-35-1. Authority and Purpose.

1. The Office of Recovery Services/Child Support Services (ORS/CSS) is authorized to adopt, amend, and enforce rules by Section 62A-11-107.

2. The purpose of this rule is to provide information regarding the ORS/CSS fee schedule for Non-IV-A cases which is authorized by Federal Regulations found at 45 CFR 302.33. This rule outlines when a fee will be charged and the amount that will be assessed on a case that qualifies for a particular fee.

 

R527-35-2. Non-IV-A Fee Schedule.

Pursuant to 45 CFR 302.33 ([2008]2010) the Office of Recovery Services may charge an applicant or recipient of child support services who is not receiving IV-A financial assistance or Medicaid, one or more fees for specific services. These fees are itemized below:

The following fee, which has been established by the federal government:

1. the full IRS enforcement fee of $122.50 is charged if a case qualifies for full IRS collection services, the obligee requests those services, and the amount of the child support obligation is certified for those services by the United States Secretary of the Treasury.

The following fees, which have been established by the Office:

1. a Parent Locator Service fee of $20.00. This fee is waived if the case was closed within the last 12 months for the reason CTF (cannot find the non-custodial parent) or AFC (non-custodial parent lives in a foreign jurisdication);

2. the cost of genetic testing if the alleged father is excluded as the biological father;

3. an administrative fee of $5.00 per payment processed, not to exceed $10.00 per month;

4. a fee of $25.00, to be paid at the time the obligor's federal tax refund is intercepted to offset a Non-IV-A support arrearage if the refund is $50.00 or more. If the refund is more than $25.00 but less than $50.00, the fee is the refund amount minus $25.00;

5. the Child Support Lien Network (CSLN) fee of $52.00, to be paid at the time the levy is processed.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [February 23, 2010]2012

Notice of Continuation: November 17, 2011

Authorizing, and Implemented or Interpreted Law: 45 CFR 302.33; 62A-11-107